I-134 insufficient Income

[SteveM 0]

I am a workers compensation auditor, I work for another company as an independent.

So, I can have 1099's from my mother which should make up the rest of my income.

So now the question is about what a fiancee assistance Web site can provide for me? I have the entire package completed and all ready to ship. They Told me that they would give me a $100 discount and to just send the package to them.

If I have already completed all of the documents is there any value that they can provide?

Your self employment income ought to be included on your federal tax forms. That would allow you to use it toward the affidavit of support. If you are receiving 1099's are you considered an employee or contractor?

For a self employed sponsor the income amount used is line 22 of the most recent year's form 1040. If you are planning to file the petition soon it's likely that an affidavit of support will not be needed until next year. That gives you time to rearrange your relationship with your mom. Though she can just 1099 you for the $2500/month rather than issue a check and you submit payment to you. Be aware, there are tax ramifications (you are going to pay more) to you either way.

[Anh map 2,098]

I am a workers compensation auditor, I work for another company as an independent.

So, I can have 1099's from my mother which should make up the rest of my income.

So now the question is about what a fiancee assistance Web site can provide for me? I have the entire package completed and all ready to ship. They Told me that they would give me a $100 discount and to just send the package to them.

If I have already completed all of the documents is there any value that they can provide?

If you are confident about completing the forms properly and following the VJ guides you should be able to do this without a service. If you are unsure, then it could be money well spent. That's your call. VJ is a great DIY site.

FWIW, I followed the guides and member advice from K1 filing through naturalization. It worked for me.

Do some browsing in the forums and decide for yourself. There is a very active Philippines regional forum.

[Cathi 5,726]

I have never heard or read anywhere that a co-sponsor in Manila is not allowed! This is incorrect, bad, misleading information and should be "ignored!"

Anyways, you will need to provide the USCIS proof that you meet the minimum sponsor requirements. The easiest way for you to do this is to include a "co-sponsor."

Good luck!

Sid

co sponsors are not allowed for k 1 thru manila...they are for cr1/ir1...you are the one with incorrect info

[visaopt 3]

Ok, well, I was looking for different advice. I don't only make 11k a year, that is all that is on 1099 and shows up on my IRS forms. I make 11k a year from a side job, Free House from handling my mothers properties, and I also do computer consulting but this is never reported.

What if my mother started paying me $2,500 a month (the value of my rent) and I just pay rent back to her? Is this something that I could show to UCSIS as income? Can I add the miscellaneous income from my computer consulting to my IRS tax forms and have it be counted by USCIS or will they not accept it if there is no W2 or 1099 associated with it? Does the 20K sitting in my bank account matter for any of this, will it help?

Thanks in advance

Steve M

The US government just wants assurance that your beneficiary will not become a public charge, and that you have the financial means to support her. Assuming your first choice is to proceed with the K-1 Fiancee Visa and not the spousal visa, please note that under the I-134, and looking beyond, the I-864 when you get to the Adjustment of Status step, you can use income AND OR liquid assets to qualify. But make sure the assets are liquid, and easily convertible to cash (Certificate of Deposit, Money Market Fund, Cash savings, etc.)

The recommended liquid assets to have is at least 5 times the annual income shortage. Some may argue that it is 3 time the annual income shortage. But I rather error on the conservative side, and recommend that you plan for at least 5 times, because the more liquid assets you have to compensate for your income insufficiency, the more assured the US government will feel that your beneficiary will not become a public charge.

$18,912 Current income guideline for household of two: (You and your beneficiary)

$11,000 Less your annual income, that you can document, and is verifiable

$ 7,912 Estimated annual income insufficiency

x 5

$39,560 Estimated Liquid Assets to compensate for annual income insufficiency

If you can increase the liquid savings in your bank account, you can qualify by income and liquid assets, without any co-sponsor.

The other thing to keep in mind, if you have not already done so, is have work possibilities lined up for your beneficiary. I am aware of a beneficiary who was facing an insufficient income situation, but when both sponsor and beneficiary could show that they already have a job lined up for the beneficiary in the USA, and that the beneficiary can legally earn work income after US work approval (EAD approval), the consulate approved it. I am not saying the consulate will do the same for you, but it does not hurt to show the consulate that you and your beneficiary are already thinking and planning ahead, and doing what both of you can, to assure the US government that your beneficiary will not become a public charge.

As far as creating $2500 income from your Mom, and then paying her back as rent, that is an unnecessary step, which only complicates this issue further, not only from a tax standpoint for your Mom and you, but I question whether that tactic will help, since the net income effect is zero ($2500 income, less $2500 rent). Remember, your goal is the show and to assure the US government that your beneficiary will not become a public charge. Good luck on your journey ahead!

[LA NEGRA 19]

That was my thought, have her start paying me and I will just pay rent. I guess I am just worried because I will have no proof of income such as W2's or 1099's for this income, will that matter? I still have 1099's from another job.

Why cant I just report and claim my other income from computer consulting as well?

I just spoke to someone at Easyfiancevisa.com Is this a route I should take, or is it a waste of money?

Steve M

I don't think they care about what u made in the pass, they concern about what u making NOW and if u can afford to take care of ur mate... U just have to explain to them that u just started this job and will claim it on your 2012 tax form...

[Mogambi 96]

Ok, well, I was looking for different advice. I don't only make 11k a year, that is all that is on 1099 and shows up on my IRS forms. I make 11k a year from a side job, Free House from handling my mothers properties, and I also do computer consulting but this is never reported.

What if my mother started paying me $2,500 a month (the value of my rent) and I just pay rent back to her? Is this something that I could show to UCSIS as income? Can I add the miscellaneous income from my computer consulting to my IRS tax forms and have it be counted by USCIS or will they not accept it if there is no W2 or 1099 associated with it? Does the 20K sitting in my bank account matter for any of this, will it help?

If your mother paid you 'officially' and through a company, and you set up tax documents and everything, it might work.

They won't accept previous consulting work if you never filed and paid taxes on it, so correct, no W2, no 1099, no dice, as you have no way to prove it as income. That's part of what filing it on your return does.

The 20K in your bank account, if it's truly liquid (cash) can work at a 3/1 ratio. Meaning, 20k in savings is worth offsetting about $6,666 towards reaching the poverty level. But even that won't get you there with a filed income of 11k.

As others have noted, your chances of getting them to approve a co-sponsor are VERY slim.

Edited July 6, 2012 by Mogambi

[Mogambi 96]

I am a workers compensation auditor, I work for another company as an independent.

So, I can have 1099's from my mother which should make up the rest of my income.

So now the question is about what a fiancee assistance Web site can provide for me? I have the entire package completed and all ready to ship. They Told me that they would give me a $100 discount and to just send the package to them.

If I have already completed all of the documents is there any value that they can provide?

This would be a complete waste of money. If you already have the forms filled out, what on earth would they do for you? Don't give them a penny.

If you want to pursue the K1 route, you won't need the I-34 until the interview anyway, so you might have time to sort things out.

As for showing income versus rent, all you're trying to do is to show the government 'income'. You don't have to show them 'rent payment'. So if you had that money 'officially', from your mom, and that's the key, it can't just be some personal check, that will be useless. It has to be set up 'as a job' and from a business to hold any merit. But if you did that, $2500 a month is $30,000 a year and should put you over the top. EXCEPT that you have to pay taxes of course on that, and since it was never filed as that in the past, they might not believe it's a real thing. I dunno.

You're taking a chance.

Again, any income you received that you didn't disclose to the IRS can't be used, and if the good old IRS finds out you didn't disclose some income, you're in for more trouble than just dealing with the I-34 form.

[abner137 48]

Hi all,

I am looking to start my K1 Visa to bring my Fiance over from the Philippines. My problem is that my 1099 income from my job is only around 11k a year as stated on IRS forms. My mother owns a lot of property in the Los Angeles area and she provides me with a free house that's rental value is over $2k a month in exchange for taking care of maintenance and such on her other properties. What should I be thinking about providing or doing to make sure that I don't have any issues on the I-134?

Thank You

Steve M

11k dollars a year on a 1099 is just a bad idea, I would get married there and start showing my legitimate income at least until she was approved and stateside....I highly doubt you would be approved without a co-sponsor even if you fanagled your assets or suddenly had a new $2500 a month with no IRS backup.

Good luck either way.!!!

[SteveM 0]

11k dollars a year on a 1099 is just a bad idea, I would get married there and start showing my legitimate income at least until she was approved and stateside....I highly doubt you would be approved without a co-sponsor even if you fanagled your assets or suddenly had a new $2500 a month with no IRS backup.

Good luck either way.!!!

I don't have to "fangle" my assets. LOL

I have roughly 20k in the bank, and I own a house in Kansas worth 40k that is paid off.

As far as the new $2500 a month with no IRS backup, I am researching her giving me a 1099 at the end of the year.

As far as the tax liability, that is not a problem to me, I just want to get my Fiance here. I took my current tax statement on Turbo Tax and added another 15k of 1099 income to see how it would look. I went from receiving $2700 from the IRS to paying a little over $1000. That is fine with me.

I just need to know if my mother has to set up a business first to 1099 me or can she do it as an individual?

Thanks

[abner137 48]

I don't have to "fangle" my assets. LOL

I have roughly 20k in the bank, and I own a house in Kansas worth 40k that is paid off.

As far as the new $2500 a month with no IRS backup, I am researching her giving me a 1099 at the end of the year.

As far as the tax liability, that is not a problem to me, I just want to get my Fiance here. I took my current tax statement on Turbo Tax and added another 15k of 1099 income to see how it would look. I went from receiving $2700 from the IRS to paying a little over $1000. That is fine with me.

I just need to know if my mother has to set up a business first to 1099 me or can she do it as an individual?

Thanks

But you are..lol...(fanagling) but I misspoke if I said assets, I meant income and you are speaking of using assets to supplement your income (as far as the government is concerned)....because you obviously don't show your true income....I didn't mean it in a derogatory way....we all just need to tell them what they want to hear....believe me, I applaud you if you can live in Cali and only show 11k income.

I believe you need an EIN# to create a 1099, but that's a question that could be easily answered with a call to any CPA.

[SteveM 0]

But you are..lol...(fanagling) but I misspoke if I said assets, I meant income and you are speaking of using assets to supplement your income (as far as the government is concerned)....because you obviously don't show your true income....I didn't mean it in a derogatory way....we all just need to tell them what they want to hear....believe me, I applaud you if you can live in Cali and only show 11k income.

I believe you need an EIN# to create a 1099, but that's a question that could be easily answered with a call to any CPA.

Hehe.. no problem, thanks for the assistance.

Anyone have any input on the 1099 from my mom?

Thanks